§ 5045. Effect of death of judgment creditor. (a) Unless otherwise\nagreed between the parties at the time security is posted pursuant to\nsection five thousand forty-three of this article, in all cases covered\nby this article in which future damages are payable in periodic\ninstallments, the liability for payment of any installments for medical,\ndental or other costs of health care or non-economic loss not yet due at\nthe death of the judgment creditor terminates upon the death of the\njudgment creditor.\n (b) The portion of any periodic payment allocable to loss of future\nearnings shall not be reduced or terminated by reason of the death of\nthe judgment creditor, but shall be paid to persons to whom the judgment\ncreditor owed a duty of support immediately prior to his death to the\nextent that such duty of support exists under applicable law at the time\nof the death of the judgment creditor. Such payments to such persons\nshall continue for the remainder of the period as originally found by\nthe jury or until such duty of support ceases to exist, whichever occurs\nfirst. In such cases, the court which rendered the original judgment\nmay, upon petition of any party in interest, modify the judgment to\naward and apportion the future payments of such unpaid future damages in\naccordance with this subdivision which apportioned amounts shall be\npayable in the future as provided for in this article. In the event that\nthe judgment creditor does not owe a duty of support to any person at\nthe time of the death of the judgment creditor or such duty ceases to\nexist, the remaining payments shall be considered part of the estate of\nthe judgment creditor. In such cases, the court which rendered the\noriginal judgment may, upon petition of any party in interest, convert\nthose portions of such periodic payments allocable to the loss of future\nearnings to a lump sum by calculating the present value of such payments\nin order to assist in the settlement of the estate of the judgment\ncreditor.\n
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