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

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

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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. Husband had a company prior to our marriage but then sold it after 12 years of marriage am I entitled to Money in divorc

October 11, 2022

A: Assuming you and your husband had no valid prenuptial agreement that would dictate otherwise, you might be entitled to be compensated for an interest in this business. From the information you provided it appears that your husband's business started out as his sole and separate property. But over 12 years things can change. I would want you to discuss with your family law attorney the events in the life of this business over the last 12 years, for example, was it incorporated or transferred to a LLC or other form of business organization? If so, what documents were generated? Did you sign any disclaimers? Were you asked to sign any? Discuss any promises made to you by your husband, how your husband was compensated by the business, what use was made of the funds he earned, how taxes were handled and whether or not you invested any of your earnings in the business or performed services for the business. Your attorney will be able to let you know what interest you may have in this business or what community lien may exist against the business.

Q. Sister got quitclaim deed and mobile title transfer for dads places, specialist determined its forged do I have a case?

August 1, 2022

A: From the information you provided it sounds like you may well have a case with merit. I recommend that you consult with an attorney who handles probate litigation matters. Your lawyer will need to know more of the facts and learn more about the handwriting specialist you hired before he or she can comment on the strength of your case and provide the information you need to make a decision whether or not to pursue this claim. One of the items you will want your lawyer to comment on is the likelihood of recovery should you win your case. In order to do this, your lawyer will want to know about your sister's financial condition as well as what has happened to the assets she obtained from your Dad. Sometimes it is helpful to hire a private investigator to perform an asset search.

Q. My sister lived and died in New Mexico. She left a will. Do I need probate lawyer from NM? I live in AZ

July 19, 2022

A: You will need to hire a New Mexico lawyer to assist you in administering your sister's estate. Ask your New Mexico lawyer if your sister's estate qualifies for expedited treatment as a small estate or if a probate will be needed.