Peter H. Westby

Born in Minnesota, Attorney Peter Westby has resided in Arizona since 1962 and in Phoenix since 1974. Mr. Westby graduated from the University of Arizona College of Law in 1973 and entered the practice of law as a prosecuting attorney, first with the City of Tucson and then with the Pima County Attorney's office as a Criminal Trial Deputy. He joined partner Harvey Platt in the private practice of law in Phoenix in 1974 and together they formed Platt & Westby, P.C. Mr. Westby practices in the areas of real estate law, civil litigation, family law, estate planning, probate, estate and trust administration, and business formation/litigation. Mr. Westby and his firm have earned a Martindale-Hubble AV rating, the highest rating awarded for ethics and professional competence.

• Bankruptcy
• Business Law
• Collections
• Divorce
• Estate Planning
• Family Law
• Foreclosure Defense
• Landlord Tenant
• Probate
• Real Estate Law
• Elder Law

• Free Consultation
• Credit Cards Accepted
  Accept Visa and MasterCard

Arizona

Since 1973

U.S. Federal Court

Since 1973

Partner

Platt & Westby

Current

James E. Rogers College of Law, University of Arizona

J.D. (1973)

1973

University of Arizona

B.S.

1970

Arizona's Finest Lawyers

Arizona's Finest Lawyers

Arizona State Bar

Member

Current

Prince of Peace Lutheran Church

Former President and Council Member

2010 - Current

Activities: 1987 - 1993

La Casa De Cristo Lutheran Church

1993 - 2010

Q. Should I be given an addendum to sign for new owners since my lease is not yet up?

7 August 2019

A: A new owner of a home takes it subject to any valid existing leases. Your lease remains valid for the remainder of its term. An addendum to the lease is not legally necessary. However, the new landlord should comply with Arizona law and give notice as to who the new property manager is and how to contact the property manager.

Q. How can I verify that my mother's will and testament is legal and names me executor and distributor of all property?

7 August 2019

A: I recommend scheduling a consultation with a probate attorney for the review of your Mom's Will. Your probate attorney can answer your questions about the Will and can also give you recommendations for the most efficient way to handle your Mom's estate and protect her assets.

Q. How can I stop my sister from spending my mom's money?

23 July 2019

A: I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually. If there already is a conservator in place, the court can assist by reviewing the actions of the conservator, giving instructions or, in an extreme case, removing the conservator and appointing a new conservator.

Q. Can I the seller cancel my listing agreement with the real estate agent on my home if I decide I no longer want to sell

22 July 2019

A: A listing agreement can be cancelled in most cases, but there can be costs and penalties associated with cancellation. For example, you may be asked to reimburse your agent for his marketing costs. Or, if you decide to sell at a later date, it is possible that your agent may make a claim against you for a commission. Your listing contract should disclose any costs that might apply in the case of cancellation. I recommend that you review your listing contract with an attorney before you make this decision. Cancellation of a contract is a serious step and you need to know all the risks you may be exposing yourself to before you cancel. Your attorney may have strategies to suggest that can limit your risk if you decide to cancel.

Q. My question is in regards to property and a house my mother and father owned but both are deceased now.

18 July 2019

A: Your sibling cannot sell this property unless she has a legal right to do so. This usually means that she must be the property owner or the court appointed personal representative for a deceased owner. Since both parents are now deceased, your rights will be determined by the provisions of their Wills or, if there are no Wills, by Arizona Law. I recommend that you speak with a probate lawyer as soon as possible to learn your legal rights and discuss the best options to take now to protect them.

Q. Is it legal for a real estate agent to sell a home without instillation? We do not have us with a disclosure form.

18 July 2019

A: Selling without an inspection or disclosure can be legal. It depends upon how your contract was drafted. You may still have legal recourse if items were concealed or not disclosed despite anything to the contrary in your contract. I recommend reviewing this matter with an attorney. Once your attorney knows the facts, he or she can let you know your legal rights and options.

Q. Can an arizona landlord terminate a lease for renovation purposes?

11 July 2019

A: This is possible. It depends upon the terms of the lease as well as other pertinent facts. I recommend that you review this with a real estate attorney. Once your attorney reviews your lease and knows the facts, he or she will be able to let you know your legal rights and best options.

Q. Can my business partner take everything we had because I wasnt on the LLC?

8 July 2019

A: Not being a member of the LLC is a disadvantage. But it sounds like you may have sufficient proof to establish that you were a partner in this business and, if so, you may be entitled to your share of any net sales proceeds after payment of the bills of the business. I recommend consulting with an attorney and asking your lawyer to review the facts to determine if you have good evidence that you were a partner. If so, your lawyer will be able to advise you as to your legal rights and best options.

Q. I submitted for a refund of an admin fee from a property manager May 14th. Well past the 14 days allowed. What can I do?

10 June 2019

A: Assuming your situation falls within ARS 33-1321, you can file a civil lawsuit against your former landlord to seek a judgment for the money owed. Once you have your money judgment you can use other civil remedies such as execution and garnishment to attempt collection. However, when you file a lawsuit, be aware that your former landlord may file a counterclaim against you. Things can get complicated. I recommend that you seek the advice of an attorney before you take any action.