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Peter H. Westby
Platt & WestbyBadges
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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
- Platt & Westby
- 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
- -
Legal Answers
257 Questions Answered
- Q. My husband and I are separated, not legally. Can I buy a house in Georgia without him having to be involved?
- A: Under Arizona law every asset purchased during marriage is presumed to be community property. To protect your investment your husband should disclaim his interest. I recommend working with an Arizona family law lawyer to assist you with this transaction so that your goals can be accomplished and your interest protected in the event of a later divorce. If you are planning to relocate to Georgia, I also recommend speaking with a Georgia family law attorney to learn how Georgia law may impact your decision making.
- Q. I own a home with a boyfriend 1/2 and 1/2. We have broken up. Can I force him to sell so I can get my equity?
- A: Yes, if necessary you can file an action for the partition and sale of this real property. The court will appoint a special commissioner ( a real estate agent ) to market and sell the property and the court will decide how the sales proceeds are to be divided if this becomes an issue.
- Q. i recently erected a us flag on my property and received a notice I was not in compliance with the HOA.
- A: In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs as well as the rules and regulations of your HOA will also have information concerning your HOA's enforcement procedures.
- Q. I moved in with my BF 4 yrs ago. His mom owned the house and didn't charge rent. She died and his step
- A: If your BF has inherited the home and is the owner or if he is the court appointed personal representative of his late mother's estate, he can evict you.
- Q. I am 1/3 owner of a home. Am I entitled to receive the $ back I put into it when ending partnership?
- A: Maybe. It depends upon the terms of your partnership agreement. It is also possible that you are entitled only to 1/3 of the equity value of the home or nothing at all until the house sells at some future time. I recommend that you consult an attorney concerning your legal rights. This can be complicated and your attorney will need to know all the facts before advising you of your legal rights and best options.
- Q. I am concerned that I am signing a lease agreement on a house that is going to go into foreclosure .
- A: You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a personal residence, you may be able to stay for the balance of your lease.
- Q. Moving out of a rental to another rental. Do I have to pay rent for that day to both property owners?
- A: You have two rental agreements. One with the old landlord and one with the new. You must honor both. If your first rental agreement requires you to pay rent on the day you move, you should pay the rent agreed upon. If you do not, your landlord has the right to withhold unpaid rent from your deposit.
- Q. Is ARS code 14-2503 valid to cover a person putting their hand on tetatrix to sign a will while having dimentia
- A: The procedure you described appears highly questionable. You may have grounds to object to this will. The will may not qualify as a valid holographic will and/or your Mom may not have had testamentary capacity. I recommend reviewing this matter with a probate attorney as soon as possible. Once your probate attorney knows all the facts he or she will be able to let you know your legal rights and best options.
- Q. Is a non-compete agreement transferable when a company changes its name and principles are different
- A: A non-compete agreement can be transferable. The agreement should be reviewed by an attorney to see if it is made specifically transferable to a successor entity by its terms. I recommend having your agreement reviewed by an attorney. It would also be helpful to your attorney to know more about the company involved and what changes have occurred.
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