Ameriprise Financial Services, Inc., N/K/A Ameriprise Financial Services, LLC; And Doug Wilson v. Evan Connoly Bettis and Megan Marie Bettis, Trustees of the Victor L. Bettis Living Trust
── Ameriprise Financial Services, Inc., N/K/A Ameriprise Financial Services, LLC; And Doug Wilson v. Evan Connoly Bettis and Megan Marie Bettis, Trustees of the Victor L. Bettis Living Trust ──
Court: Court of Appeals of Arkansas
Date: April 29, 2026
Category: General
Cite as 2026 Ark. App. 256
ARKANSAS COURT OF APPEALS
DIVISION II
No. CV-24-732
AMERIPRISE FINANCIAL SERVICES, Opinion Delivered April 29, 2026
INC., N/K/A AMERIPRISE FINANCIAL
APPEAL FROM THE PULASKI
SERVICES, LLC; AND DOUG WILSON
COUNTY CIRCUIT COURT, FOURTH
APPELLANTS
DIVISION
[NO. 60CV-20-4516]
V.
HONORABLE HERBERT WRIGHT,
EVAN CONNOLY BETTIS AND JUDGE
MEGAN MARIE BETTIS, TRUSTEES
OF THE VICTOR L. BETTIS LIVING
TRUST
AFFIRMED
APPELLEES
RAYMOND R. ABRAMSON, Judge
Appellants Ameriprise Financial Services, Inc., n/k/a Ameriprise Financial Services,
LLC (“Ameriprise”); and Doug Wilson (“Wilson”) bring this interlocutory appeal from the
July 22, 2024 order of the Pulaski County Circuit Court denying their countermotion to
compel arbitration. On appeal, Ameriprise and Wilson argue (1) tort claims are subject to
arbitration when the Federal Arbitration Act (FAA) applies; (2) appellees are bound by the
arbitration provisions of a contract as third-party beneficiaries; and (3) appellees’ claims arise
from a contractual agreement and do not sound in tort. We affirm.
I. Background
On March 18, 2020, Victor Bettis established the Victor L. Bettis Living Trust. Prior
to the creation of the trust, Victor owned an Ameriprise IRA account. Gina Bettis, Victor’s
wife, was the named beneficiary of Victor’s IRA account. Pursuant to the terms of the trust,
however, Victor’s IRA was to become an asset of the trust. Victor’s children, Evan Connoly
Bettis and Megan Marie Bettis (“Trustees”) allege that a “Tax-Qualified Accounts
Designation” changed the beneficiary of Victor’s IRA from Gina to the Victor L. Bettis
Living Trust and was forwarded by Victor’s estate-planning attorney to Wilson, the
Ameriprise representative, for processing. They further allege that Ameriprise negligently
failed to timely process the beneficiary-change request before Victor’s death on July 8, 2020.
As a result of such negligence, Gina—rather than Victor’s trust—remained the beneficiary
when Victor died.
On August 17, Evan and Megan filed suit as the Trustees of the Victor L. Bettis Living
Trust against Ameriprise and Wilson. In their complaint, they allege that they are the
successor Trustees of the Victor L. Bettis Living Trust, which became irrevocable upon
Victor’s death. Appellees assert a claim against Ameriprise and Wilson for their negligence
in not timely processing the change-of-beneficiary form.
On October 29, 2020, Ameriprise filed its third-party complaint and counterclaim
for interpleader against Gina. After Victor’s death on July 8, the proceeds of Victor’s IRA
were used to fund Gina’s IRA. Ameriprise alleged that Gina’s IRA ownership conflicts with
the Trustees’ contention that Ameriprise and its representative were negligent. Even though
the Trustees assert neither a claim against Gina nor a claim to Gina’s IRA, Ameriprise
2
contends that the Trustees and Gina have conflicting claims to the funds in Gina’s IRA, and
Ameriprise should therefore be permitted to interplead Gina’s IRA and be absolved from
further liability to Gina for her IRA.
On November 19, Gina filed a motion to compel Ameriprise and Wilson to arbitrate
their claims. On December 3, Ameriprise and Wilson filed a countermotion to compel
arbitration as to all parties. Following a hearing, the circuit court initially denied Gina’s
motion and did not rule on Ameriprise and Wilson’s countermotion. Gina timely
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}