Have to pay for it

Yes of course you have to pay for it. The uncashed check should have gone to the estate (the surviviors). Have you tried to contact whomever to find out who is handling it or did the check just expire.

How long ago did this eprson die and when did you write the check? It can take well over a year for an estate to clear probate.

Yes, you owe the estate

If you received the item, then you owe payment for it. I'm not sure why you would think otherwise.

No. The bank draft was never cashed and so two and half years later the bank returned our money to us, now the estate has tried to cash the bank draft and the bank refused as its been over five years, so don't know where we stand now.

Yes, checks and drafts have a time limit that they are good. So now you issue a new check to them. Since the check was always outstanding, you would not have used the money, since they could have cashed. So now you merely pay them

Good advice, pay now, if the estate is active then its not done with this issue.

Ahh, now I understand the question better. Chuck is 100% right. The bank was within their rights to refuse to honor the draft. But the estate still has the right to collect payment. I could understand your not trying to determine how to pay when you received the money back. But you do owe the estate.