In re Estate of Dukes v. Wells Fargo Clearing Services, LLC

Petitioner, administrator of the estate of a deceased individual, filed a petition for citation to recover property and discover information against the respondents who were financial advisors for the decedent. Respondents filed a motion to compel arbitration, arguing that the Estate was required to arbitrate its claims based on the theory of direct benefits estoppel. The circuit court denied the motion and respondents appealed. The appellate court affirmed, finding that the circuit court did not err when it concluded that direct benefits estoppel did not apply under the facts of the case. (MOORE and SHOLAR, concurring)