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

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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. Our car was in both of our names. She trade in our car for a car in her name only. Can she do this without my signature.

29 July 2020

A: She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the dealer. This is not to say that you have no recourse. If you are married, you can address the unfairness of this conduct during the course of your divorce. The Court may adjust the property settlement accordingly to provide some help. If your wife traded the family car after the divorce was filed, she may have violated the preliminary injunction. This would be another circumstance that may allow the Court to provide some measure of relief to you.

Q. My mom died without a will Dec 2, 2019. Her only major asset is the house, located in Park Scottsdale.

27 July 2020

A: If you believe that the equity value (fair market sales price less the amount of the mortgage loans) of Mom's home exceeds $100,000.00 then I would recommend filing an informal probate. If less than $100,000.00 a small estate affidavit could be used. A realtor with listings in your area can assist you in determining a fair market value for Mom's home. Or an appraiser can be hired. In my experience, most applications for informal probate are accepted. Costs can be reduced if all heirs agree to waive the bond requirement. There are good forms that come with instructions on the Maricopa County Superior Court website. These will answer many of your questions and are successfully used by many people who choose to represent themselves.

Q. Dad died w/o a will. Only has a home with $50k in equity, and $8-10k in debt. Would I be required to sell to pay debt?

24 July 2020

A: This estate appears to be small enough that it could be administered by using the small estate affidavit process provided all estate heirs cooperate. However, under Arizona law, provision must still be made for debt. Since the estate is small, perhaps some of the debt might be forgiven by the creditors. I recommend consulting with a probate attorney to learn your best and most efficient options for handling this estate.