The main part of Oher’s filing to the probate court is that he is asking for discovery - records of finances, recorded use of his NIL, communications about his conservatorship, etc. Oher (and his lawyers) don’t know what they don’t know. He is entitled to this information and the Tuohy’s broke the law by not proactively providing it on an annual basis to the court. This filing is just the opening of the case, as they will amend their complaint as more evidence is provided. The Tuohy’s are clearly gearing up to fight disclosure every step of the way. Their hiring of Singer proves this. Why? Because there’s likely info that is potentially embarrassing and/or Oher is owed money. |
Let them attest in court under the penalty of perjury that there is “nothing to account for.” That’s what Oher is asking, because anyone can say anything in the media (especially documented liars). Ten bucks says they will fight like hell to provide Oher with any information. |
DP. Huh? How would he know what was going on with a conservatorship that he didn’t control? Isn’t the job of the conservator? Also haven’t you heard of discovery? |
What facts??? Also just because the conservatorship wasn’t involved with the NFL contracts doesn’t have any bearing on whether it was run the way it was supposed to. Like is your argument “well they didn’t steal some of his money they didn’t steal any of his money?” That’s completely illogical |
You keep saying this but are we supposed to take your word for it? What is the evidence? And if that is the case why wouldn’t they file a motion to dismiss the petition? All they have done so far is release statements and offer to “voluntarily” end it. Besides that aren’t there annual reporting requirements? What would you continue the hassle of either complying with that or paying a lawyer to fulfill those duties every year for “at least 15 years” for something that was completely defunct? |
I generally I agree with you, but, this could not have been solved through mediation. The only way a conservatorship can be ended is by a court order. Either Michael or the Tuohy's would need to file a court petition to end the conservatorship. I personally do not believe they set out to take advantage of him financially. They wanted him to go to Ole Miss. Maybe at the time, for the purpose of the satisfying the NCAA, setting up the conservatorship made the most sense for the Tuohys and their goals. The conservatorship never made sense for Michael's best interests. He was recruited by every major football program in the country. He did not need Ole Miss to get to the NFL. If making him part of their family was their main goal, they could have encouraged him to go to any other school and then taken some time to figure whether or not to adopt him. It isn't just the Tuohy's that were complicit in this. The judge and Michael's lawyer are also involved, IMO. First Michael is failed by the system, then he is taken advantage of by the system. I hope he is able to get a legal accounting of the conservatorship. It seems like it was not used, but I don't blame him for not trusting the Tuohy's at their word. He deserves a public accounting of the conservatorship. |
Michael’s lawyer was a family friend of the Tougy’s. As with Britney’s case, it calls into question whose interest the lawyer was defending (not a free Britney person just saying these lawyers who are hired by the conservatorship are suspect). |
Michael did not have a lawyer. The family had that lawyer. The court found he needed neither a lawyer nor a guardian. This bears no resemblance to the Spears case. In the Spears case they controlled her life. Here they did nothing. |
Yes, well said! |
They will try to lie their way out of this. Isn’t that their modus operandi? |
This lawyer friend of the tuohys should never have agreed to the conservatorship as it is documented. No one actually representing his interests would have agreed to this. She’s a “interesting” character in this mess. |
Your comment re leaving out the details of the family wrong doing caused my reaction. I’m sorry to have misunderstood your position. Making those details public have achieved Oher’s goal of stopping them from profiting off of the lies they’ve made up about him. No one will want to pay them to read or hear more of it. |
Actually I do and am an attorney. You think they entered into other contracts on his behalf that he didn’t know about when he was a grown man? I am not talking about the movie. They do need to account for that. |
I don’t think the Tuoyh’s set out to disadvantage Micheal in anyway but too many people close to the Tuoyh’s were involved in this conservatorship…this just does not sit right with me. He asking questions about the conservatorship and getting rebuffed, and him refusing royalty checks and they putting them in a trust for the kids also don’t sit right with me. If everything is on the up and up and Michael ask for an accounting of the conservatorship why not just do it? If the accounting says nothing was done and he don’t believe, then at least you wouldn’t look like you were hiding something when he files his petition with the court. Also, why not petition the court to terminate the conservatorship then? |
Guardianship attorney here (my state's version of conservatorship) - I serve as guardian of the estate (conservator of finances) for many people, via court appointments primarily, and accountings are filed with the court annually whether there's "anything to show" or not. The duty to account for finances is not only if you spend funds. In most states, fiduciaries over funds (including conservators) have an affirmative duty to diversity investments, for instance. the job isn't just to watch money rot away in an account and/or spend as necessary. It's also to treat the funds in the ward's best interest, which necessarily includes investment and accounting, regardless of whether there were expenditures. Super sketchy that they failed to prepare accountings and are resisting providing documentation of what accountings should have provided. |