Probate is a state-based process. For example, in Massachusetts, the state Medicaid agency is given notice of all probate proceedings and has a deadline for filing a claim. If it misses that deadline, it's out of luck. But the process may be different in your state, or a step might have been skipped. You'll have to consult with a local elder law attorney to get an answer. To find an attorney near you, go here: https://www.elderlawanswers.com/new-york-elder-law-attorneys