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Peter H. Westby

Peter H. Westby

Platt & Westby
  • Bankruptcy, Business Law, Collections...
  • Arizona
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Summary

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.

Practice Areas
  • Bankruptcy
  • Business Law
  • Collections
  • Divorce
  • Estate Planning
  • Family Law
  • Foreclosure Defense
  • Landlord Tenant
  • Probate
  • Real Estate Law
  • Elder Law
Fees
  • Free Consultation
  • Credit Cards Accepted
    Accept Visa and MasterCard
Jurisdictions Admitted to Practice
Arizona
U.S. Federal Court
Languages
  • English: Spoken, Written
Professional Experience
Partner
Current
Education
James E. Rogers College of Law, University of Arizona
J.D. (1973)
University of Arizona
B.S.
Awards
Arizona's Finest Lawyers
Arizona's Finest Lawyers
Professional Associations
Arizona State Bar
Member
Current
Prince of Peace Lutheran Church
Former President and Council Member
- Current
Activities: 1987 - 1993
La Casa De Cristo Lutheran Church
-
Websites & Blogs
Website
Peter H. Westby's Website Profile
Website
Platt & Westby Website
Legal Answers
87 Questions Answered

Q. Can my ex girlfriend take me to court for her share of the house we own together even though she's never paid anything?
A: Yes, your ex has a good claim. These issues arise frequently. In most cases it is best to settle if this can be done reasonably. If not, a partition action can be filed with the superior court to order the home sold. In this event, the judge will decide what the interest of your ex is and how much of the sales proceeds she is entitled to.
Q. Can spouse keep children away from me till we go to court for divorce which has already been filed and responded to?
A: This is not unusual. You can remedy this situation by asking the court to enter temporary orders for parenting time and child support.
Q. Does the father have any legal right to know the physical address and general well being of his kids
A: Yes, under most circumstances a father has the right to have full information concerning his children. If access and information is being denied, a father can obtain an order from the Superior Court enforcing his parental rights. Seek the advice of a family law lawyer to learn more about your legal rights and your best options.
Q. Can my mom kick me out of the house if I’m 18 but also attending high school? I live in Arizona
A: Yes. At age 18 you are an adult and your parents no longer have any legal responsibility to support you.
Q. I had to sign a disclaimer deed in Arizona for my husband to get approved for a home loan. Can we revoke this or...
A: This is a common situation and there is an easy solution. Your husband can sign a special warranty deed from him to both of you taking title as community property with right of survivorship. This will solve the problem created by the disclaimer deed and will give you more protection in the event of a death or a divorce. I recommend that you have this deed professionally prepared. It must be done correctly to obtain the benefits needed.
Q. my office sign hit the car door of my client and scratched his car..he gave me a bill for 450.00 what do i do
A: This appears to be more of a business question than a legal question. If this client is a valued client who gives you repeat business or referrals, you will want to work out a mutually agreeable settlement with him. You have already done a good job of this by offering a free tax return. Speak with him and work it out. If this client is not a client that you wish to keep, investigate your potential liability. You did not provide sufficient facts to determine if you have liability for the damage to the car. If you believe, after investigation, that you may have liability, you can offer a settlement that appears reasonable to you. If you do not believe that you have liability, you can take the position that the matter is closed; that your providing a free tax return has settled the matter. This is a small matter and it needs to be resolved so that you do not waste more time on it. As a business person, your time needs to be devoted to those things that earn you money.
Q. Right of suvivorship
A: If you and the decedent held title to Arizona real property under joint tenancy deed with right of survivorship, the death of the decedent usually means that the real property is yours. A death certificate should be recorded. This does not mean that you own the contents of the home. The decedent's estate planning documents will control who inherits these items. If there are no estate planning documents, Arizona law controls. I recommend that you have your deed reviewed by an Arizona attorney to make sure that it was a properly drafted joint tenancy deed. If these are not done correctly, your rights as a survivor may be impacted. Your attorney can learn more of the facts of your situation and let you know who has a claim to the contents of the home as well as any other assets that may exist.
Q. Question about probate requirements for property outside the state of residency. Residents of MD, property In AZ
A: You should not need to go through the entire probate process again in Arizona. Arizona has procedures to simplify handling estates. There are several options and it might be as simple as merely recording your Letters of Appointment and then transferring the property to the estate beneficiaries. I recommend contacting a probate attorney in Arizona. Your probate attorney will select the method of transfer that will best protect the interest of the beneficiaries.
Q. My brother and I are beneficiary on the deed to my dads property. My step-sister is trying to get power of attorney
A: If your dad disposes of his real property during his lifetime, or if your step-sister does using his power of attorney, any beneficiary deed for that property would be rendered moot.
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Contact & Map
Platt & Westby Old Town Scottsdale
3260 N. Hayden Road
Suite 210
Scottsdale, AZ 85251
USA
Toll-Free: (855) 274-9529
Telephone: (602) 277-4441
Fax: (602) 277-0388
Platt & Westby
Avondale, AZ
12725 W Indian School Rd
#E101
Avondale, AZ 85393
USA
Toll-Free: (855) 274-9529
Telephone: (480) 675-4775
Platt & Westby
Phoenix, AZ
2916 N 7th Ave
Phoenix, AZ 85013
USA
Toll-Free: (855) 274-9529
Telephone: (602) 277-4441 Ext. 241
Fax: (602) 277-0388
Platt & Westby
Arrowhead / Sun City/ Glendale, AZ
20325 N 51st Ave
#134
Glendale, AZ 85308
USA
Toll-Free: (855) 274-9529
Telephone: (480) 675-4775
Platt & Westby
Mesa/Tempe/Chandler/Gilbert, AZ
1425 W Elliot Rd
#201
Gilbert, AZ 85233
USA
Toll-Free: (855) 274-9529
Telephone: (480) 969-5070
Platt & Westby
North Scottsdale, AZ
6424 E. Greenway Parkway
#100
Scottsdale, AZ 85254
USA
Toll-Free: (855) 274-9529
Telephone: (480) 675-4776