Future of Borges estate in limbo as widow doesn't leave will

FILE - In this April 20, 1980 file photo, Argentine writer Jorge Luis Borges, accompanied by his secretary Maria Kodama, arrives in Madrid, Spain to receive the Spanish literary prize "Miguel de Cervantes." Kodama has died on Sunday, March 26, 2023. (AP Photo, File)

BUENOS AIRES, Argentina (AP) 鈥 The rights to the works of the late Jorge Luis Borges, considered Argentina鈥檚 most internationally significant author of the 20th century, have fallen into limbo because his widow died last month without a will.

The revelation this week surprised the country's literary circles, because Borges' wife, Maria Kodama, devoted much of her life to fiercely protecting his legacy. She set up a foundation under the writer鈥檚 name, but did not detail plans for what should happen after she died, even though she was battling breast cancer.

鈥淚f there really is no will, it鈥檚 surprising,鈥 said Santiago Llach, a writer who is a specialist on Borges鈥 work. He said the announcement by Kodama's longtime lawyer, Fernando Soto, that there was no will 鈥済enerated buzz on social media and elsewhere.鈥

Borges died in 1986 at age 86 and left Kodama, a translator and writer whom he had married earlier that year, as his only heir. They never had children. She died March 26, also aged 86.

A day after Soto made his announcement, five of Kodama's nephews went to court Tuesday to declare themselves her heirs, seeking to get ownership to all of her possessions, including the rights to Borges鈥 works and what are thought to be several valuable manuscripts.

Soto said he did not know that Kodama hadn't arranged for a will to be drawn up. 鈥淚t's amazing,鈥 he said.

鈥淪he didn鈥檛 like to talk about those issues,鈥 the lawyer added. 鈥淪he didn鈥檛 talk about her death.鈥

Soto said he once asked Kodama about what would happen with Borges' rights after her death and 鈥渟he told me she had everything arranged and it would be 鈥榮omeone stricter than me.鈥欌

He recalled that Kodama said she would call on universities in Japan and the United States to 鈥渢ake care of the works,鈥 but didn't say what schools she had in mind. Soto noted she often gave talks at both Harvard University and the University of Texas.

Borges鈥 widow led a life apart from her family.

鈥淪he denied the existence of her family,鈥 Llach said. 鈥淚 have writer friends who knew her nephews and asked about them and she denied their existence. It was quite striking.鈥

Soto said he was 鈥渟urprised to find out she had nephews,鈥 adding that 鈥渋t was a big relief because I didn鈥檛 want the state to keep everything.鈥

According to Argentine law, if there is no will and no natural heirs, a person鈥檚 estate is taken over by the state.

Some people have raised the possibility that a Kodama will may be found once an inventory of all her possessions is carried out, but Soto said he considers that as 鈥渁bsolutely impossible.鈥

鈥淪he would have never done that, she would have never written a will on her own,鈥 he said.

Llach said that if in fact there is no will, the question becomes whether 鈥渋t was just a simple oversight, a punk gesture of 鈥業 don鈥檛 give a damn about all of that,鈥 or perhaps also a way of repairing a non-relationship with her nephews and family.鈥

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