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.

James E. Rogers College of Law, University of Arizona

J.D. (1973)

1973

University of Arizona

B.S.

1970

Partner

Platt & Westby

Current

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

Arizona

Since 1973

U.S. Federal Court

Since 1973

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Q. Can a will be in the form of a text message from the deceased?

September 16, 2024

A: A text message is not a will in Arizona. In most cases in Arizona, a valid will must be signed by the decedent and witnessed. Or it must be wholly in the decedent's handwriting and signed by the decedent. Your text message appears to be an indication of the decedent's intent at the end of life. If the decedent was mentally competent at the time of sending, family members sometimes will honor such expressions of intent. But they are not obligated to.

Q. if you are guardian and conservator can you take the beneficiary's name off the trust and open one up in your name only

September 12, 2024

A: If you are a guardian and conservator you are working under court supervision. It is strongly recommended that you be represented by counsel and clear all action with your attorney in advance of proceeding. You have provided insufficient information to properly evaluate the course of action you propose and I am assuming that there is a good reason for your proposal. But, from the information provided, the proposed action appears to be a conflict of interest and highly improper. You should discuss with your attorney. Your attorney may be able to suggest options that would accomplish your goals and not violate your fiduciary duties as guardian and conservator.

Q. I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena?

March 6, 2024

A: The Notice of Deposition and Request for production are not subpoenas. These are discovery requests. If you are a defendant in pending litigation, your failure to respond to discovery requests or your failure to appropriately respond to the Show Cause Order might jeopardize your legal position. I strongly recommend that you consult with the lawyer representing you in this litigation or, if you do not have a lawyer, you should hire one immediately to protect your legal rights.