How to Identify and Navigate “Triangulation” in Will Contests

Key Takeaways

• Triangulation is a psychological concept that involves the manipulation of another person by involving a third party to create a conflict or disagreement, often coinciding with elder financial abuse.
• Identify triangulation in estate planning by observing red flags, like sudden isolation of a will creator, unexplained changes to a will document, and conflict creation by a third party.
• Triangulation can be a factor in will contests when it causes undue influence against the testator or results in an estate planning document being submitted into probate that does not reflect the creator’s true wishes.
• An experienced will contest attorney can help you gather evidence and build a case to combat triangulation. 

Introduction

It happens far too often that a wealthy family that has always been close and harmonious runs into conflict because of a surprising late change to an estate plan that throws their family’s expectations into disarray. Triangulation can be a weapon wielded against families and estate plans in order for a self-interested individual to take advantage for their own personal gain. 

Triangulation is a term that can have several meanings in the legal realm. In the context of estate planning, triangulation refers to manipulative behavior that creates conflict between two other parties, often to satisfy one’s own need for attention or control. 

In cases where triangulation exists, parties may need to protect their interests through a will contest, a process that involves the dispute of a will based on grounds that the document does not reflect the true wishes of the testator and should be invalidated. If you suspect an interested party in the will is using triangulation against your family in a will contest, this guide will help you understand the red flags you should look for and the potential appropriate next steps. 

Understanding Triangulation in Estate Planning and Litigation

Triangulation is the act of manipulating an individual or situation to bring a third party into conflict to create division or control. In estate planning, this typically involves an interested party in the outcome of the estate plan involving someone else to create division for their own personal gain.

• Manipulator – The bad actor seeking to take advantage for personal gain
• Victim (the Testator) – The creator of the will being manipulated
• Targeted Third Party – The disinherited heir used as a manipulation token

As an example, a family member might pit two others against each other to create conflict and position themselves to gain a larger share of an inheritance. An adult child might be a bad actor who colludes in an indirect three-person conversation between a parent and their new spouse to spin what was actually said, with the hope that their parent will become upset, disinherit the spouse and leave a greater inheritance to the children. 

This manipulation tactic is often deployed in high-net-worth families to monopolize an inheritance and freeze out legitimate beneficiaries. In cases of triangulation, the manipulator often tends to be an adult child with financial troubles and dependency. Their position often becomes one of desperation, wanting to preserve the inheritance for themselves to avoid future accountability.

Triangulation may involve some of the following behaviors:

• Involving a third person in a heated situation
• Pitting people against each other in a conflict or disagreement
• Using indirect communication to complicate conversations between others
• Creating conflict between multiple parties and skirting accountability

The Psychology of the Manipulator

A manipulator may be enabled by factors such as their own insecurity, their own financial troubles, their own desire for control, or simply greed. Typically, a manipulator tends to be someone who is close to the situation originally and may include an adult child with financial troubles, a new spouse, or a deeply enmeshed caregiver. 

Often, the manipulator may be acting out of insecurity or desperation. Manipulating the testator is often a way to exert control and make oneself feel more powerful. Common tactics of a manipulator to maintain power or control include:

• Feeding false information to the testator about other heirs to create paranoia, anger, or distrust
• Attempting to make the testator feel guilty for provisions in their estate plan 
• Making the vulnerable testator dependent on themselves as the manipulator for care

These tactics are most effective in cases where the testator is experiencing vulnerabilities like cognitive decline, grief, or physical dependence. The more vulnerable a testator is, the more likely a bad actor in the scenario is to take advantage of them.

Triangulation vs. Undue Influence

In estate planning, it can be easy to confuse triangulation and undue influence. While there is overlap, they also have key differences. Triangulation is a psychological method of manipulation and involves pitting two people against each other to create conflict, whereas undue influence is the clear and distinct legal concept of manipulation and coercion that overcomes a person’s free will. Undue influence has a clear legal definition that can be defined in the courts.

Though they are two distinct concepts, triangulation can be considered a type of undue influence. Triangulation becomes undue influence and ultimately an act of elder financial abuse when it meets specific criteria established by state probate codes.

California and Texas courts can use clear criteria to determine whether a case involves manipulation by assessing whether the factors of undue influence were present. In California, undue influence is defined by Probate Code Section 86, which establishes the definition as the same as under California Welfare and Institutions Code Section 15610.70, characterized as “excessive persuasion that overcomes a person’s free will to result in an unfair or inequitable outcome.” 

Meanwhile, in Texas, undue influence is established by legal precedent as an act that involves coercion or fraud, the overpowering of the mind of the testator for the sake of changing the outcome of their estate plan, and ultimately the execution of a will they otherwise would not have submitted.

Red Flags: Spotting Triangulation in High-Value Estates

Triangulation and manipulation typically involve some common indicative behaviors. It’s important to spot these red flags early, especially in the cases of high-value estates, which are prime targets for manipulators. It’s advisable to begin documenting red flags for your records in case litigation is necessary. The following red flags may serve as a checklist for you to reference and weigh your case against in order to clarify whether more action is needed.

Sudden Isolation of the Testator

Manipulators may engage in behaviors such as controlling phone calls, intercepting mail, or refusing to let other family members visit the testator by themselves. In some cases, this occurs when the manipulator moves the testator into their own home or a different state. This action can be taken under the guise of providing care and support, when in reality it severs existing support networks and limits their options.

This manipulation forces the testator to have to rely entirely on the manipulator for care, information, and emotional support. As a result, the manipulator is given significant power in a situation that they can leverage against the isolated victim.

Unexplained Changes to Estate Documents

Unexplained changes to estate documents are often indicative of someone manipulating the testator into altering the document to advance their own personal interests. New documents that show a radical departure from a prior or long-held estate plan could be a sign that they were influenced later on in their life. These changes are especially concerning if they follow a period of hospitalization, a medical crisis, or the loss of a loved one. 

Similarly, if the manipulator fires a family’s estate planning attorney or financial advisor and replaces them with a new or unknown professional to draft any changes, this is typically a sign of the manipulator altering the situation to their advantage so they can gain more control. Such changes often empower the manipulator to take actions for personal gain without being questioned.

Creating False Conflicts Between Heirs

An individual who seems to consistently be at the center of disputes can be a very telling red flag. A key element of triangulation is a lack of direct communication between interested parties and the manipulator, instead relying on the party guilty of triangulation controlling the lines of communication.

A common example of triangulation occurs when a sibling does not allow their sibling to contact their parent directly, instead forcing all communication to go through them first. This can often occur when a sibling acts as a live-in caregiver for the vulnerable testator.

Instead of letting their parent and sibling speak together directly, they may speak for them or force themselves into a position to act as the middleman, moderating conversations either through text message or over the phone. 

This can lead to a manipulation of the dynamic by bending the truth about what each party said to the other. Because the parent and other child are unable to communicate directly, the circumstances often result in miscommunications or the fracturing of relationships that are necessary to protect against manipulation.

Legal Avenues for Challenging Manipulated Wills

Either by asserting that the triangulation resulted in undue influence or resulted in the creation of an estate plan that does not reflect the creator’s true wishes, wills that involve triangulation or manipulation can often be challenged. An attorney can support you through the following actionable legal steps.

Proving Undue Influence in California and Texas

The burden of proving undue influence typically falls on the individual contesting a will and requires substantial, concrete evidence against the alleged perpetrator. Requirements for proving undue influence may vary slightly from state to state, but typically involve establishing the same critical elements.

To prove undue influence when contesting a will in California, Probate Code Section 86 states that parties should reference Welfare and Institutions Code Section 15610.70 to understand the four key elements that parties must establish:

• The vulnerability of the victim
• The authority of the influencer
• Clear tactics used to manipulate the victim (such as triangulation)
• An inequitable outcome that disadvantages the alleged victim

In Texas, the elements to establish undue influence are similar, requiring a three-part test, established according to precedent set by the Texas Supreme Court case Rothermel v. Duncan (1963). This test states that the contestant must establish these three elements:

• Influence existed in the case
• The influence overpowered the testator’s mind at the time of execution of the will
• The testator was influenced into creating or changing a will that they otherwise would not have without the influence

In both California and Texas, the contestant in these cases must be able to present evidence that substantiates the respective criteria set forth by state statutes or legal precedent.

Lack of Testamentary Capacity Claims

In many circumstances, a lack of testamentary capacity exists alongside a triangulation claim. A lack of testamentary capacity indicates that an individual is not of sound mind or able to understand the consequences of their decisions. People who are manipulated in estate planning cases are often vulnerable to this manipulation because they are not capable of making sound decisions as a result of factors like dementia or aging.

Factors necessary to demonstrate testamentary capacity include:

• An awareness of the decision they are making
• The ability to recognize their family members, property, and other interested parties
• An understanding of the consequences of one’s actions

If these factors are not present, interested parties in the will may have standing to contest the estate planning document on the grounds that the document does not reflect their true and rational wishes. To support these claims, parties may suggest subpoenaing medical records or hiring expert witnesses to prove a lack of capacity.

Strategic Steps to Navigate the Contest

If you suspect manipulation in a case and feel a will contest is necessary to protect the integrity of the document, it’s important to act quickly to protect the estate against further damage. An attorney will help you take the following steps to navigate the contest within the timelines necessary  

Gather Critical Evidence

Collect evidence that substantiates grounds for the will contest, including collecting emails, text messages, and voicemails that demonstrate the manipulator’s gatekeeping or the testator’s confusion by the ultimate outcome. 

Important pieces of evidence may include: 

• Communications between the manipulator and the victim
• Witness testimony that may corroborate manipulative behavior or a harmful relationship
• Bank statements that demonstrate missing funds or unexplained transactions
• A copy of the current estate plan, including any changes or amendments
• Any previous estate planning documents that express the wishes of the testator

It’s advisable to begin gathering evidence as soon as possible so that evidence is not forgotten, lost, or destroyed. The longer you wait to build your case, the more difficult it becomes to compile all the necessary documentation or witness testimony to prove or substantiate your suspicions.

Retain Experienced Probate Litigation Counsel

The support of an experienced probate litigation attorney is essential for navigating the complexities of a will contest; it’s important not to face these matters alone, especially in high-stakes, high-value estates. An attorney will not only identify critical signs of triangulation to evaluate the strength of your claim but also help you gather the necessary evidence for proving your case, provide clear legal advice on how to move forward, and advocate for your interests both inside and outside of the courtroom. 

Your attorney will assess the circumstances and context surrounding your case to assist you in developing the most appropriate practical legal strategy. This strategy may involve pursuing a resolution through negotiation, mediation, or, if necessary, courtroom litigation. An experienced attorney will work with you to develop a strategy based on the context of your case that secures the best possible and most efficient resolution within the appropriate timeframe necessary to meet the statute of limitations.

The support of a law firm with decades of experience in such conflicts will help you achieve confidence, clarity, and peace of mind throughout the complexities of these cases. The probate litigation attorneys at RMO have decades of experience in these matters, providing informed legal guidance to ease the tension of complex cases.

Navigate Will Contests With RMO

Will contests are contentious legal matters that are ultimately focused on ensuring that the information in the will aligns with the true intentions of the will creator. The support of a skilled will contest attorney can help to gather the necessary evidence to paint a complete picture of the factors influencing the will and any unsavory relationships that could have influenced a vulnerable testator.

The attorneys at RMO are well-equipped to guide you through such contentious matters, with considerable experience in all kinds of sensitive will contests. With a dedication to hearing you and the unique circumstances involved in your case, we will identify signs of triangulation, gather critical evidence, and assist you in developing a strong legal strategy focused on protecting your family’s legacy.

Schedule a consultation with our attorneys at RMO to discuss your case further and take steps to secure the best possible outcome for you and your loved ones.

Frequently Asked Questions

Glossary

Intestate Succession – The process by which assets from a deceased individual’s estate are distributed in accordance with state law. Assets from an estate with an omitted heir will pass through the intestate succession process to determine which beneficiaries will receive what shares of assets.

Testamentary Capacity – A testator’s ability to make sound financial and legal decisions at the time of the creation of their will.

Testator – An individual who creates a will to be followed upon their death, explaining their wishes for the distribution of their assets to relevant beneficiaries.

Triangulation – In estate matters, a form of manipulation used by an interested party in an estate plan to create conflict to take advantage of the testator with the intent of disinheriting a third party and securing a greater share of the inheritance.

Undue Influence – When an individual asserts influence on a vulnerable person to the degree that the compromised person’s will is overcome, often to make changes to their estate planning documents, retirement and insurance policy beneficiaries, bank accounts, and real property, for their own personal, unfair gain.

Will Contest – A legal challenge to the validity of a will, typically initiated by interested parties who dispute the terms, execution, or authenticity of the document.