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Peter H. Westby

Peter H. Westby

Platt & Westby
  • Bankruptcy, Business Law, Collections ...
  • Arizona
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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
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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
282 Questions Answered

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.
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.
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?
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.
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Contact & Map
Platt & Westby Old Town Scottsdale
3260 N. Hayden Road
Suite 210
Scottsdale, AZ 85251
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
Toll-Free: (855) 274-9529
Telephone: (480) 675-4775
Platt & Westby
Phoenix, AZ
2916 N 7th Ave
Phoenix, AZ 85013
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
Toll-Free: (855) 274-9529
Telephone: (480) 675-4775
Platt & Westby
Mesa/Tempe/Chandler/Gilbert, AZ
1425 W Elliot Rd
#201
Gilbert, AZ 85233
Toll-Free: (855) 274-9529
Telephone: (480) 969-5070
Platt & Westby
North Scottsdale, AZ
6424 E. Greenway Parkway
#100
Scottsdale, AZ 85254
Toll-Free: (855) 274-9529
Telephone: (480) 675-4776