Michael Oher, Tuohy family at odds over legal petition, 'Blind Side' money: What we know

In a matter of days, the heartwarming tale captured in “The Blind Side,” which brought the story of former NFL offensive lineman Michael Oher and the family who helped him along the way to the big screen, has been flipped on its head.

Oher, a first-round pick in the 2009 NFL draft out of Ole Miss and a Super Bowl champion with the Baltimore Ravens, petitioned the Shelby County, Tennessee, probate court on Monday to terminate his conservatorship under Sean and Leigh Anne Tuohy.

The existence of the conservatorship – a legal process by which a court appoints another person or persons to handle an incapacitated individual’s affairs – meant Oher, now 37, had never been legally adopted, which he claimed he'd been led to believe his whole life. The Tuohy family responded to the petition by calling the legal maneuver a “shakedown,” with their attorneys saying the Tuohys plan on ending the conservatorship.

Here is the latest update and full recap of the situation:  

Highlights of the Oher petition

In the filing, Oher said he discovered the conservatorship in February. Aside from the claim that the Tuohys deceived him into the conservatorship and told him that he had been legally adopted, Oher laid out a litany of other allegations:

• The Tuohys and their two biological children secured a deal with 20th Century Fox for $225,000 and 2.5% of all "defined net proceeds" that he has not received any money from.
• In the contract between 20th Century Fox and the Touhys and Oher, the attorney listed to receive contract and payment notices for Oher was Debbie Branan, a close friend of the family who is also the attorney of record in the conservatorship for Oher.
• In 19 years of the conservatorship, Oher alleged, there has been no accounting of any money the Tuohys could have made.

Oher requested an injunction on the family's use of his name and likeness in their business and foundation work, in addition to back pay for any money he may be owed.

Why did Michael Oher have a conservatorship?

Oher was 18 when he signed the conservatorship in August 2004, and the document was finalized in court in December of that year. Court records show Oher and his mother as present at the hearing to approve the conservatorship.

Other than Oher’s consent, however, there was no basis for the conservatorship, legal experts told USA TODAY Sports. The original petition states that Oher suffered no mental illness or intellectual disability, and he was legally an adult.

Sean Tuohy and the family’s legal team said that in order for Oher to attend Ole Miss, the couple’s alma mater, and avoid a potential NCAA investigation, Oher had to become part of the family via the conservatorship.

"Mike didn't grow up with a stable family life. When the Tuohy family told Mike they loved him and wanted to adopt him, it filled a void that had been with him his entire life," his lawyer, J. Gerard Stranch, told ESPN. "Discovering that he wasn't actually adopted devastated Mike and wounded him deeply."

The Tuohys also said the conservatorship was established to assist Oher as he transitioned to college in matters such as obtaining health insurance and a driver’s license

The conservatorship never presented itself as an issue when Oher signed NFL contracts; he made more than $30 million during his playing career, according to Spotrac.

Will Tuohys end conservatorship?

Lawyers for the Tuohys said Wednesday the couple intends to terminate the conservatorship.

“We’re talking about a family trying to help someone in need,” Steve Farese, one of the Tuohy family lawyers, said. “The Tuohys never controlled any of Mr. Oher’s contracts.

"They don’t need his money," Farese added. "They’ve never needed his money. Mr. Tuohy sold his company for $220 million."

Sean Tuohy Jr., one of the Tuohys two biological children, said this week that he made between $60,000-70,000 over a four or five-year span. The legal team for the family (Randy Fishman, Martin Singer and Farese) also said every family member in addition to Oher made the same amount of money; checks not accepted by Oher were deposited into a fund set up for his son, the legal team said.

What is Michael Oher saying?

On Monday, Oher released a statement saying: "I am disheartened by the revelation shared in the lawsuit today. This is a difficult situation for my family and me. I want to ask everyone to please respect our privacy at this time. For now, I will let the lawsuit speak for itself and will offer no further comment."

On the subject of “The Blind Side" – the 2009 film for which Sandra Bullock won an Oscar for her performance as Leigh Anne Tuohy and is based on the 2006 book of the same name by Michael Lewis, a friend of Touhy Sr. – Oher has said in past interviews that he has never agreed with the movie’s portrayal of him as an unathletic, slow-minded individual.

What is Tuohy family saying?

Tuohy Jr., appearing Monday on Barstool radio, said the family’s relationship with Oher has deteriorated since he stopped playing football. Lawyers said he has been estranged for roughly a decade and has become “more vocal” and “more threatening.”

Sean Tuohy offered comments to the Daily Memphian on Monday before the family released a powerful statement Tuesday through their lawyers, calling the allegations in the petition “transparently ridiculous” and saying they are “heartbroken.”

“Unbeknownst to the public, Mr. Oher has actually attempted to run this play several times before — but it seems that numerous other lawyers stopped representing him once they saw the evidence and learned the truth,” the Tuohys' statement continued. “Sadly, Mr. Oher has finally found a willing enabler and filed this ludicrous lawsuit as a cynical attempt to drum up attention in the middle of his latest book tour.”

Their lawyers said Oher requested a $15,000,000 payout and that the defense of their name is in its infancy.

What’s next?

The Tuohy family is expected to enter their response in court sometime next week.

Additionally, the involved parties could answer the interrogatories filed by Oher’s legal team, which seeks to determine how much money the Tuohy family made off “The Blind Side” and his name and likeness.

Oher is currently on a book tour for his latest title, "When Your Back's Against the Wall: Fame, Football and Lessons Learned through a Lifetime of Adversity."