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Peter H. Westby

Peter H. Westby

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

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
Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Collections
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Foreclosure Defense
Landlord Tenant
Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
Probate
Probate Administration, Probate Litigation, Will Contests
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Elder Law
Fees
  • Free Consultation
  • Credit Cards Accepted
    Accept Visa and MasterCard
Jurisdictions Admitted to Practice
Arizona
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U.S. Federal Court
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Languages
  • English: Spoken, Written
Professional Experience
Partner
Platt & Westby
Current
Education
James E. Rogers College of Law, University of Arizona
J.D. (1973)
James E. Rogers College of Law, University of Arizona Logo
University of Arizona
B.S.
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Awards
Arizona's Finest Lawyers
Arizona's Finest Lawyers
Professional Associations
Arizona State Bar
Member
Current
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Prince of Peace Lutheran Church
Former President and Council Member
- Current
Activities: 1987 - 1993
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La Casa De Cristo Lutheran Church
-
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Websites & Blogs
Website
Peter H. Westby's Website Profile
Website
Platt & Westby Website
Legal Answers
350 Questions Answered
Q. Mother passed away without a will; does her 50% LLC go to us?
A: It sounds like you may have a claim to your mom's interest in her LLC. Your mom and her fiance may have had an operating agreement. The terms of the operating agreement will often have a provision for the death of one of the members of the LLC. I recommend speaking with a probate attorney. Your probate attorney would want to review any operating agreement and learn more of the facts before advising you of your rights. If a probate is needed. The business might be sold or, most likely, the fiance' might purchase your mom's interest from her estate.
Q. How is jointly owned property split for unmarried couples in Arizona?
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?
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.
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Contact & Map
Platt & Westby Old Town Scottsdale
3260 N. Hayden Road
Suite 210
Scottsdale, AZ 85251
US
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
US
Toll-Free: (855) 274-9529
Telephone: (480) 675-4775
Platt & Westby
Phoenix, AZ
2916 N 7th Ave
Phoenix, AZ 85013
US
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
US
Toll-Free: (855) 274-9529
Telephone: (480) 675-4775
Platt & Westby
Mesa/Tempe/Chandler/Gilbert, AZ
1425 W Elliot Rd
#201
Gilbert, AZ 85233
US
Toll-Free: (855) 274-9529
Telephone: (480) 969-5070
Platt & Westby
North Scottsdale, AZ
6424 E. Greenway Parkway
#100
Scottsdale, AZ 85254
US
Toll-Free: (855) 274-9529
Telephone: (480) 675-4776