Noel B

• Kodama (Borges' widow) died last month but at the time her lawyer said "everything was taken care of" and he would give a proper announcement later on

• In life, she had mentioned "having everything taken care of" and having a specific person in mind to continue championing Borges' works (she was famously strict with the rights and only allowed reprints of anthologies "the way he had conceived them", and wanted someone that would be similarly strict) The lawyer knows who this person is, but it's not mentioned in the article.

• The person in particular said that she had talked to Kodama about it, but that she didn't know if she had ever written a will.

• At some point Kodama had mentioned that two universities could get some of the rights/rights in translation and said that one was American and the other Japanese but never mentioned names.

• Kodama was extremely private and didn't like to talk about this sort of thing

• Later on the lawyer announced that they never found a will, actually. He didn't have one, there was no will at her place, none of her relations or legal representatives had one

• In Argentine law, if there is no will, the estate gets split equally between all descendants (and surviving spouse, if any). If none are found, it goes to the ascendants. If none are found, it goes to siblings. If none survive, nieces and nephews. (Crucially, if there is a will, it must allocate 2/3 of the estate to the descendants, if any, or 1/2 to the surviving spouse. The rest can be allocated however the person wants)

• If no legitimate heirs are found, then it goes to the State, but any legitimate heir has ten years to claim the estate. However, the State can appoint someone to administer the estate in the meantime, however it sees fit.

• There are no heirs that have come forward. She had mentioned having an estranged brother, but the lawyer found only two people with the name she gave and they are both deceased. (Remember if the brother is dead but had children, they could claim the estate... they have ten years to do it)

• Kodama's estate includes her home, the building where the Fundacion Borges operates from, personal belongings, furniture, etc... and the rights to Borges' work

• The Fundación Internacional Jorge Luis Borges was created by Kodama and has been operating with her funds and resources. So without that, the foundation has around 3 months of operating costs covered before they are in trouble/need to dissolve. And since she apparently left no will and no instructions on how to use her estate to fund the organization... no idea what will happen. Her lawyer (who also is a member of the foundation) said they have yet to figure out a way forward

• One possible option for the rights to Borges' work is for a Judge to appoint a curator that would make decisions over his works and keep all earnings in a bank account belonging to the estate.

• If no legitimate heir claims the estate in ten years, the State would actually have ownership of Borges' works. (In this case the State would be the Autonomous city of Buenos Aires, not the Federal Government)

• The lawyer mentioned that if the State ultimately gains ownership and control over the estate, one likely scenario is that they would sell the real estate (and valuables/personal belongings) at an auction and use the proceeds for the Education Fund for the city. Or they could "preserve" them, which I'm interpreting as the City doing some sort of cultural initiative with them.

• He also mentioned that there's nothing stopping the State from selling off the rights to Borges' works as well

• However, he mentioned that if people close to Kodama come forward as witnesses in the procedures, and explain what they know of her intent for Borges' works, then the judge would probably take it into account

• So what's most likely to happen next? Probably a lot of waiting regardless. They could still find a will. There could be heirs. Or in ten years, the State may auction off the rights to Borges' work. In which case, I say: pirate it. Actually, pirate it now, he's been dead for decades and nobody he loved survives him anymore.

Oh i know this one!!

The will is in the Library of Babel !!!

to have mere mortals roam the halls of the library endlessly searching for the rights to his works, wasting away in despair at the enormity of the task ahead of them, searching the infinite as they lose themselves