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.

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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. How is jointly owned property split for unmarried couples in Arizona?

April 18, 2025

A: If you and your partner decide to separate, and assuming you cannot agree concerning your jointly owned home, a partition action can be filed with the superior court to force the sale of the home. The court will appoint a real estate agent to sell the home and then will decide how the net sales proceeds are to be divided. In making it's decision, the court will consider how you and your partner took title at the time of purchase. This is the starting point. The court can also consider your respective contributions to the home as well as any other circumstances that either partner believes to be material. In most cases, partition actions settle and do not go to trial.

Q. Surviving spouse responsibility for spouse's business debt in AZ?

April 2, 2025

A: Arizona is a community property state. You can be responsible for debts contracted by your husband. But this is a business debt. More information is needed to determine your liability, if any. I recommend that you consult with an attorney. Your attorney will need to know how the buisiness was organized--a sole proprietorship, partnership, LLC or Corporation. The debt instruments need to be reviewed. If your husband was the guarantor for the debt of his business, as is common, you might not have personal liability unless you also signed the personal guarantee. Depending upon the facts of your case, it is possible that this debt might be collectable only from the assets of business.

Q. How to handle intestate estate and tax liabilities in Arizona?

April 1, 2025

A: The first step is to determine the value of the assets in your father's estate and also the amount of the debts. Your father's CPA may be able to help. Or you may need to hire a business appraiser or business broker to determine the business value. If there is no real property and the value of the estate assets is under $75,000.00, your father's estate might be administered simply by a small estate affidavit. But it is more likely that the estate's value will be greater and, if so, a probate might be needed to administer his estate. Before taking any action, I recommend discussing your findings concerning assets and debts with a probate attorney. The attorney will make recommendations as to whether a probate is appropriate. If so, the attorney can assist you in being court appointed as Personal Representative (PR). The PR has the authority to sell assets, negotiate debts and fully administer the estate. As you note, part of estate administration would be the handling of taxes. For small estates, taxes are usually not a large concern. Your father's CPA will know what is needed and can handle that aspect of estate administration for you. ... Read More