My father passed away last year. Part of his estate is an apartment in Sotogrande, Cadiz. As per his will (handwritten, Switzerland), the apartment will transfer to his widow (2nd marriage). However, now I was told (by the widow's lawyer), that, per Spanish law, which overrides the Swiss will, we (widow, my brother and I) each own 1/3 of the property - thus will have to participate in the EUR 80,000 inheritance tax and the monthly/annual maintenance costs, etc.

My questions are:

1) Is that correct?
2) If yes, who'd decide who could live in the apartment, when to sell, when to rent it out, etc?

I understand that signing a waiver would be an option, and I'd likely go for it. But just wanted to know (some of) the facts before doing so.

Thanks!